Common use of Construction Representations, Warranties and Covenants Clause in Contracts

Construction Representations, Warranties and Covenants. (a) Xxxxxxxx represents, warrants and covenants that, as of the Acceptance Date for each System Segment, it (or the underlying facility owner on Xxxxxxxx' behalf) shall have obtained the following rights (collectively, the "Required Rights"): (i) All Right-of-Way Agreements necessary for the installation and use of that System Segment; (ii) The rights to use those System Segment Portions it does not own and the right to grant the Network IRU with respect to such System Segment Portions; (b) Xxxxxxxx represents, warrants and covenants that, for each System Segment, (i) That System Segment has been designed, engineered, installed, and constructed in accordance with the specifications set forth in Exhibits D, E, F and G; and (ii) Throughout the relevant IRU Term, the exercise of rights by or on behalf of Xxxxxxxx' Facilities Owners/Lenders shall not deprive WinStar of the peaceful and quiet enjoyment of the WinStar IRU in that System Segment.

Construction Representations, Warranties and Covenants. (a) Xxxxxxxx representsWillxxxx xxxresents, warrants and covenants that, as of the Acceptance Date for each System Segment, it (or the underlying facility owner on XxxxxxxxWillxxxx' behalfxxhalf) shall have obtained the following rights (collectively, the "Required Rights"): (i) All Right-of-Way Agreements necessary for the installation and use of that System Segment; (ii) The rights to use those System Segment Portions it does not own and the right to grant the Network IRU with respect to such System Segment Portions; (b) Xxxxxxxx representsWillxxxx xxxresents, warrants and covenants that, for each System Segment, (i) That System Segment has been designed, engineered, installed, and constructed in accordance with the specifications set forth in Exhibits D, E, F and G; and (ii) Throughout the relevant IRU Term, the exercise of rights by or on behalf of XxxxxxxxWillxxxx' Facilities Xxcilities Owners/Lenders shall not deprive WinStar of the peaceful and quiet enjoyment of the WinStar IRU in that System Segment.